Councillors couldn't make a decision on a planning application to secure the restoration of a listed building because Cheshire East hasn't dealt with a footpath request it received five years ago.

The southern planning committee wanted assurances yesterday (January 5) that Dingle Lane at Sandbach would have public right of way status before members made a decision on an application to repair the Grade II listed farmhouse at Dingle Farm, convert the barn to a dwelling and construct a new house on the site.

But councillors were told the application to make the lane a public right of way had been sat on a desk in a council office for five years.

Principal planning officer Dan Evans gave the committee a detailed outline of the proposal for the development but the debate centred around the status of Dingle Lane after Trevor Boxer, chair of Sandbach Footpath Group, told the committee the group had made a claim for a Definitive Map Modification Order with Cheshire East Council in 2016 to have the lane recognised as a proper footpath and public right of way – but still nothing had been done.

The committee heard from applicant Richard Peel, of Mansion House Project Management Ltd, he was happy to have it as part of the Section 106 agreement as a public right of way, but planning officers said this could not be done in this way.

Mr Evans said the public right of way officers had said, in their consultation response: "The application to designate the public right of way has not been investigated and is currently on a waiting list, however if planning permission is granted this could bring this matter forward for immediate attention."

He added this could still take several months.

"Clearly it's not the applicant's fault that this application to designate the public right of way has not been processed since it was received in 2016," said Mr Evans.

"What we've got before us is a planning application where Dingle Lane is clearly shown as being retained and the applicant's not likely to close it off, [will] maintain access, and the public rights of way team have raised no objection."

But Cllr Joy Bratherton (Crewe East, Lab) moved the application be deferred 'until we have it confirmed to us that that public right of way has actually been addressed'.

Mr Evans said that could take a long time and, during that time, the listed building, which had been empty since 2009, would deteriorate further and could even be lost.

"I would say it is, in my view, unreasonable to delay making a decision on this application when the issue of public right of way has been with the council since 2016," he said.

Cllr Bratherton replied: "I'm not being held to ransom, based on one building, on my decision."

She added: "I would like to defer this to give public rights of way the opportunity to put forward an explanation for what is actually happening.

"I don't want them addressing their guilt as to why there's been a five year delay, I just want them to come here to the next possible meeting and tell us what is going on with that public right of way, which would enable us to make a decision on this application."

Sandbach councillor Mike Benson (Con) said: "The farmhouse is getting worse and worse. In this case I would like to see the application proceed."

But the majority of councillors agreed with Cllr Bratherton and nine voted for the deferral so a public rights of way officer could attend the next meeting.

The committee then unanimously approved the following application which was for listed building consent for the same scheme at Dingle Farm.

Despite being for the same site it had to be treated as a separate application.

The committee had heard if this listed building application was approved – which referred to the historic farmhouse and barn – the applicant could begin restoration of the farmhouse but could not convert the barn, as that required planning permission.